People v. Hazelton

Opinion

BROWN, J.

The issue in this case is whether an out-of-state conviction qualifies as a “strike" under the “three strikes” provision of Proposition 184. (Pen Code,1 § 1170.12.) Unlike its legislative predecessor, section 667, subdivisions (b)-(i), this portion of section 1170.12 is ambiguous regarding whether it includes out-of-state convictions. We conclude, in light of the unequivocal evidence of voters’ intent, that the statute is properly construed to include such convictions.

I. Facts and Procedural Background

Defendant William Royal Hazelton was charged with felonies in two separate…